The work-from-home (WFH) movement, initially a temporary solution during the pandemic, has stayed on to become a much-preferred arrangement for employees across various industries. Thanks to the digital revolution, the remote or hybrid work option has not only become a possibility but evolved as a significant factor in employment decisions. Surveys show that employees worldwide are increasingly seeking jobs that offer a better work-life balance through remote work flexibility.
However, in a gradually rising trend, many companies have now started retracting the WFH option or have announced plans to transition to a back-to-office work structure, citing reasons ranging from improved productivity to better company culture.
In the United States, the tech industry has the largest share of employees working primarily from home. Incidentally, tech companies also employ the highest number of H-1B workers having a temporary resident visa status sponsored by their employers. Many of these leading companies, including Amazon, Google, Apple, Meta, and IBM, have issued strict return-to-office (RTO) directives to their workers, urging them to attend the office in person most days of the week.
The RTO mandates have triggered massive employee discontent, with many workers contemplating switching to other jobs that allow remote work. For H-1B workers, though, the visa status is tied to their employer’s sponsorship, which makes changing jobs a complicated and risky prospect.
Fortunately, impacted foreign workers seeking to retain remote work flexibility amid RTO orders have another alternative: the EB-5 visa program.
In this article, we will discuss how this popular residency-by-investment program offers non-U.S. nationals a pathway to professional freedom while providing several other benefits available only to U.S. permanent residents and citizens.
Get Unlimited Work Options With the EB-5 Visa
Immediate Access to Green Card Benefits for U.S.-Based Employees
Fast-Track Green Card With Priority Processing and Set-Aside Visas
Contact EB5AN to Elevate Your Career Through EB-5
Get Unlimited Work Options With the EB-5 Visa
The EB-5 Immigrant Investor Program was established in 1990 with the aim of stimulating the U.S. economy through foreign investment. Under the program, foreign investors and their dependents (the spouse and unmarried children under 21) can obtain lawful permanent residency in the United States, commonly known as the Green Card. To qualify, investors must invest a minimum amount in a U.S. commercial enterprise, and the investment must generate at least 10 permanent full-time jobs for American workers.
As Green Card holders, investors and their family members can live, work, and study anywhere in the United States without any restrictions. Initially, they are granted a two-year conditional residency, followed by an unconditional Green Card if they meet all the requirements of the EB-5 program. They also become eligible to apply for U.S. citizenship within five years of receiving conditional permanent residency.
The EB-5 visa gives investors the freedom to work for any employer without the need for sponsorship. Employees affected by the RTO mandate can switch jobs and choose to work for smaller companies with more flexible WFH policies. Even if they quit their job, it does not jeopardize their visa status. They can work full-time or part-time, run a business, or freelance in a field of their choice.
In addition to opening doors to a wide range of career opportunities, the EB-5 visa offers investors and their families almost the same privileges as those available to U.S. citizens. They have access to high-quality education and healthcare facilities at significantly lower costs, as well as social benefits after retirement. Green Card holders can also travel abroad without any constraints and have visa-free access to many countries.
Immediate Access to Green Card Benefits for U.S.-Based Employees
EB-5 applicants already in the United States on a valid temporary visa can get Green Card benefits within weeks through the EB-5 concurrent filing provision.
Introduced by the EB-5 Reform and Integrity Act of 2022 (RIA), this facility allows nonimmigrant visa holders, such as H-1B workers, to file the petition for adjustment of status (Form I-485) simultaneously with their EB-5 petition (Form I-526E). After filing both petitions, applicants can continue to stay in the United States on “pending adjustment” status without fearing deportation, even if they become unemployed or their temporary visa status becomes invalid.
The concurrent filing provision also allows applicants to apply for work and travel permits, which are generally approved within weeks.
This way, they have complete freedom to work and travel and enjoy the benefits of a Green Card even before receiving one. Specifically for H-1B workers nervous about widespread layoffs and an impending return-to-office work structure, the EB-5 visa can provide a viable solution to all their concerns.
Fast-Track Green Card With Priority Processing and Set-Aside Visas
The EB-5 program offers a fast-track Green Card even to investors applying from abroad. With the introduction of priority processing for rural investors, the RIA has ensured that petitions of EB-5 applicants who invest in underserved rural areas are adjudicated on a priority basis. As a result, many rural investors have received their Green Cards within a year of applying.
Indian and Chinese investors, who form the bulk of EB-5 applicants, often struggled with substantial backlogs in the past due to the high volume of petitions from both countries. The high demand and limited annual visa availability resulted in years-long waiting for investors even after their petitions had been approved. But now, applicants from India and China can accelerate their Green Card journey by utilizing the set-aside visa quota.
The RIA has allocated 32% of the annual EB-5 visa quota for applicants investing in targeted employment areas (TEAs), reserving 20% of visas for rural TEAs, 10% for high-unemployment TEAs, and 2% for specific infrastructure projects. These reserved categories are independent of the pre-RIA waiting list and currently have no backlogs. Particularly, the rural TEA category has the largest reserved visa share and is unlikely to get backlogged for long. Investors looking to immigrate to the United States quickly can do so by accessing the reserved rural visa quota, which also qualifies for priority processing.
Once they enter the United States on an EB-5 visa and obtain their Green Cards, they become eligible to receive numerous privileges, including the ability to seek employment based on their personal preferences.
Contact EB5AN to Elevate Your Career Through EB-5
Ever since major companies in the United States declared their RTO policies, employees globally have been feeling the ripple effect of the announcements with growing anxiety. Some are considering quitting their jobs while others feel it could be a masked attempt by their employers to downsize the workforce.
If you are an employee concerned about losing WFH flexibility or, worse, your job, investing in the EB-5 visa could be an excellent option, providing you with limitless work opportunities as a U.S. Green Card holder. The EB-5 process may seem complex, but skilled EB-5 professionals can guide you every step of the way to ensure a seamless immigration experience.
EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.
To learn more about the advantages of the EB-5 visa, book a one-on-one call with our team today.
